Director of Public Prosecutions v Monteroso

[2022] VCC 2368

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR-21-02439

DIRECTOR OF PUBLIC PROSECUTIONS

v

TROY MONTEROSO

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JUDGE:	HIS HONOUR JUDGE MAIDMENT
WHERE HELD:	Melbourne
DATE OF HEARING:	7 July 2022
DATE OF SENTENCE:	7 July 2022
CASE MAY BE CITED AS:	DPP v Monteroso
MEDIUM NEUTRAL CITATION:	[2022] VCC 2368

REASONS FOR SENTENCE

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Subject:Plea - sentencing

Catchwords:          Attempt to pervert the course of justice

Legislation Cited: 

Cases Cited:

Sentence:Convicted and fined $5000

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms S. Tatas	Office of Public Prosecutions
For the Accused	Mr D. Carolan	James Dowsley & Associates

HIS HONOUR:

1Troy Monteroso, you have pleaded guilty to an offence of attempting to pervert the course of justice contrary to common law.  The offence involved your telephone contact with the complainant between 5 May 2021 and 13 May 2021, during which you endeavoured to persuade her to withdraw the statement that she had made against you.  That statement was the evidence upon which the charges that you were then facing and for which you were then in custody were based.  You also encouraged her not to attend court in those criminal proceedings in the hope and expectation that if she complied with your suggestions, you might be released on bail and the charges themselves may be discontinued.

2I acknowledge that you were cautious during the telephone conversations to give the impression that you did not wish to put undue pressure on her to comply with your wishes.  The general tone of the conversations relied on by the prosecution was one of gentle persuasion rather than threats or harassment, a gentle persuasion which the complainant seemed to be prepared to accept as a reasonable course of action.  However, she thought better of it by 14 May 2021 and contacted the police regarding the calls.  Hence the charge to which you have pleaded guilty was laid.

3Attempting to pervert the course of justice is a serious offence, but I accept your counsel's characterisation that it comes towards the low end of the scale of offences of its kind.

4You have a substantial criminal record.  It seems to be largely based on breaches of family violence intervention orders and violence, which I take to be in a domestic context.  I observe that there have been many breaches of family violence intervention orders and breaches of a community correction order, all of which would suggest that you are not a good candidate for a community correction order.  I am therefore persuaded that dealing with you by way of a fine is appropriate.

5I do not need to say very much about your background save that you have qualified as and are working as a glazier.  You are now in a settled relationship.  I hope you have learned your lesson from your court appearances and the quite significant period in custody during the period when this offence was committed and that it has been a salutary experience for you.  I accept your counsel's submission that I should give you substantial credit for the extra period of 264 days that has not been taken into account up to date in which you were incarcerated during the Covid pandemic.

6Your plea of guilty to this matter, albeit after a sentencing indication, has saved the court the time which would have been taken up with the trial and you have spared your complainant the inconvenience and stress of having to give evidence.  I give you substantial credit for that.

7I am persuaded that the matter can be dealt with by way of a fine.  That is an exceptional course of action for offences of this nature but takes into account the period you have been in custody and also the fact that the relationship with the complainant is now over.  You are in a new relationship and have a job which enables you to look forward to a more settled way of life.

8The fine will be reduced very significantly from that which I would ordinarily impose, but it must reflect the seriousness of offences involving an attempt to pervert the course of justice.

9Troy Monteroso, for the offence of attempting to pervert the course of justice to which you have pleaded guilty, you are convicted and fined $5,000. 

10The payment of that fine will be dealt with under the legislation which now governs the collection of fines.

11Are there any other orders I need make, Counsel?

12COUNSEL:  No, Your Honour.

13HIS HONOUR:  I think I may need to deal with the s6AAA, is that right?  Do you understand that to be the case, Ms Tatas?

14MS TATAS:  Yes, Your Honour, my apologies.

15HIS HONOUR:  Yes.  All right.  But for your plea of guilty, I would have sentenced you to imprisonment for a period of nine months.

16MS TATAS:  As the court pleases.

17MR CAROLAN:  As Your Honour pleases.

18HIS HONOUR:  Any other matters?

19COUNSEL:  No, Your Honour.

20HIS HONOUR:  And I direct that the plea of guilty and the admission of your prior convictions be entered into the records of the court.

21I thank both counsel.

22MS TATAS:  As the court pleases.

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